AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

, 

? 

PERSONAL APPEARANCE 

C O ~ S E L  

NAME OF COIJNSEI. AND OR ORGANUA 1 LON 

X  RECORD REVIEW 
ADDRESS AND OK ORGANIZATION  OW  C'OUNSLL 

YES 

I N 0  
. . 
X 

. . . . . . . . . . . . . . . . . . . . . . . . .  

MEMBERS SITTING 

7 

J 

4 

l L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

ISSUES 
A93.09 

INDEX NUhlBER 
A67.90 

HEARING DATE 
26 FEB 03 

CASE NUMBER 
FD2002-0343 

VOTE OF TllE BOARD 

IION 

CEN 

UOTIIU 

OTIIER 

DENY 

X 

X 

X 
X 

X 

-

I 
I 

I

I 

I 
I 
EXHIBITS SUBMITTED TO THE B O A W  

I 
I 

I 
I 

ORDER APPON'I'ING  THE BOARD 

1 
1  2  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDI'TIONAL EXHIBITS SUBMI~II~EU AT  TIME OF 
PERSONAL N2PEARANCE 

i  TAI'E  RECORDING  OF PhKSONAL N)I'EKANCE  HEARING 

I 

t 

A@I,ICANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED N R  FORCE DISCHARGE REVIEW FIOARD DFCISIONAI. RATIONAI E 

REMAKKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
SIGNATURE OF RECORDER 

1  SIGNATURE OF BOARD PRESIDENB- - - - - 

- - - - - - - - - - 

1 

TO. 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFR, TX 78150-4742 

FROM: 

- - - - - - - - - - - - - - -   - - - - - - - - - - - - -  

1 

DATE:  26 FEB 03 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE KEVIFW BOARD 
1535 COMMAND DR, EE W N G .  3RD FLOOR 
ANDKEWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0343 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains the available pertinent data on the applicant and the factors leading to the 
discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety, which would justify  a change of discharge. 

ISSUE:  Applicant  does not contest the discharge; he merely wants it upgraded in order to receive his G.I. 
Bill  benefits.  The record  indicates  the  applicant received  an Article  15 for writing bad  checks.  He  also 
received  four  Letters  of Reprimand,  two  Records  of  Individual  Counseling, and  a  verbal  counseling  for 
failing  his  dormitory  room  inspection  three  times,  financial  irresponsibility,  late  for  training,  having  an 
unauthorized  female quest in the  dormitory  room  overnight,  and  failed to  meet  a  scheduled  appointment. 
The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted 
that when the applicant applied for these benefits, he signed a statement that he understood he must receive 
an  Honorable  discharge  to  receive  future  educational  entitlements.  The  Board  was  sympathetic  to  the 
impact  the  loss  of  these  benefits  was  having  on  the  applicant,  but  this  is  not  a  matter  of  inequity  or 
impropriety that would warrant an upgrade.  The DRB opined that through these administrative actions, the 
applicant had  ample opportunities to change his negative  behavior.  The Board concluded the  misconduct 
was  a  significant  departure  from  conduct  expected  of all  military  members.  The  characterization  of  the 
discharge  received  by  the  applicant was  found  to be  appropriate.  The  Board  found  no  evidence  of  any 
inequity or impropriety on which to base a decision to upgrade the discharge. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive requirements of the discharge regulation and was within the discretion of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SPA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a -f 
3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
Discipline) .  Appeals for ~onorablc- 
2 .   BACKGROUND: 

r USAF  13 Feb 9 8   UP AFT  3 6 -  

a. DOB: 30 Nov 74.  Enlmt Age: 17 9/12.  Disch Age:  23 2/12. Educ:  HS DIPL. 
AFQT: N/A.  A-79,  E-74,  G - 6 6 ,   M-85.  PAFSC: 2A655  -  Aircraft Pnedraulic Systems 
Journeyman. DAS: 3 Jan 94. 

b.  Prior Sv: (1) AFRes  31 Aug 92 -  27 Jul 93  (10 Mos 27 Days) (Inactive). 

(2) Enld as AB 28 Jul 93 for 4 yrs.  Svd: 3 Yrs 3 Mos 27 Das, 
AMN  -  28 Jan 94.  A1C -  28 Nov 94.  SRA -  (EPR  Indicates): 28 Mar 96-27 

all AMS. 
Mar 97.  EPRS: 4,3. 

3 .   SERVICE UNDER REXIEW: 

a.  Reenld as SRA  25 Nov 96 for 6 yrs.  Svd: 1 Yr 2 Mos 19 Das, all AMS. 

b.  Grade Status:  A 1 C   -  26 Jan 98 (Article 15, 26 Jan 9 8 )  

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Jan 98, Fairchild AFB, WA  -  Article 134.  You, did, 

on divers occasions between on or about 1 3  Dec 97 and 
on or about 29 Dec 97, make and utter to - - - - - - - ,  
certain checks in the total amount of $ 6 5 . 0 0   for the 
purchase of goods and services, and did thereafter 
dishonorably fail to maintain sufficient funds in t h e  
- - - - - - - - -   for payment of such checks in full upon its 
presentment for payment. Reduction to A l C ,   and 
suspended forfeiture of $ 1 5 0 . 0 0   pay per month for two 
months, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 23 JAN 98 -  Failed domitory room inspection. 

LOR, 31 OCT 97 -  Financial irresponsibility. 
RIC, 14 OCT 97 -  Late for training. 
LOR, 01 JUL 97 -  Unauthorized female guest in dormitory 

room overnight. 

RIC, 08 APR 96 -  Failed dormitory room inspection. 
LOR, 07 MAR  96 -  Failed government quarters inspection. 
VERBAL COUNSELING, 1 MAR 95 -  Failed to meet a scheduled 

appointment. 

f .   CM:  None. 

g.  Record of SV: 28 Mar 96 -  27 Mar 97  Fairchild AFB  4  (Annual) 

(Discharged from Fairchild AFB) 

h.  Awards &  Decs:  AFGCM, NDSM, AFEM, AFLSAR, AFTR. 

i .   Stmt  of Sv:  TMS:  (5) Yrs  ( 5 )  Mos  ( 1 3 )   Das 
TAMS:  ( 4 )   Yrs  ( 6 )  Mos  (16) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 13 Aug  02. 

(change Discharge to Honorable) 

Issues:  The main reason for my wanting an upgrade no 
I must have an honorable discharge to aply  (sic) for the 
nothing I can say to change what is written in my records 
try and explain why.  I was over paid for a whole year, BAQ,  When they finally 
notice the mistake finance started taking my checks.  Reducing my pay to about 
12.00 dollars.  I started bouncing checks.  In retrospect I should have asked 
for more help from available agencies but it all happened rather quickly.  It 
also didn't help that my wife had left me and took my daughter all the way back 
to Ohio.  I lost my car my base housing and was  left all  the bills in the 
divorse (sic) that followed.  It was a hard year.  When I recieved (sic) my 
article fifteen I told the commander I wanted out.  When I was sent t o   legal I 
also told them not to fight it.  I wanted to go home.  Things were falling apart 
all around me.  Now I just want to finish college and make something of myself 
before i t s  t o   (sic) late.  Upgading (sic) my discharge and allowing me to use my 
 would greatly increas (sic) my chances for success. 

to school. 
There is 
ld like to 

ATCH 
1. DD Form 149. 

20 Nov 02/cr 

MPARTMENT OF THE AIR FORCE 

IlEADQUARTERS 92D AIR REFUELING WING (AMC) 

FARCHJLD AIR FORCE BASE WASHINGTON 

MEMORANDUM FOR 92 ARW/CC 

FROM:  92- ARW/JA 

SUBJECT:  Legal Review of AFI 36-3 
Administrative Discharge - 

ation of  Airmen 
FR271-68-1275 

- 

- 

the 
1.  I  have  reviewed  the  proposed  involuntary  separation  action  concerning 
respondent,  and  find  it  legally  sufficient  to  support  involuntary  discharge  for  pattern  of 
,  misconduct  consisting  of  conduct  prejudicial  to  good  order  and  discipline  and  dishonorable 

failure to pay just debts under AFPD 36-32 and AFI 36-3208, paragraphs 5.50.2  and 5.50.4. 

2.  Background:  On  9  Feb  98,  the  92  AGS/CC  initiated  this  separation  action  against  the 
respondent  for  a  pattern  of  misconduct consisting of  conduct  prejudicial  to  good  order  and 
discipline and  dishonorable  failure  to  pay  just  debts.  He  recommends an  Under  I-Ionorable 
Conditions (General) discharge, without opportunity for probation and rehabilitation (P&R).  The 
respondent acknowledged notification of this action on 9 Feb 98. 

3.  For the Government: 

a.  On or about 24 Feb 95, the respondent missed a scheduled dental appointment.  For this 

incident, he was verbally counseled on 6 Mar 95. 

b.  On or about 4 Mar 96, the respondent failed to have his government quarters ready for 

inspection after subsequently canceling an earlier inspection and making another one for 4 Mar 
96.  For this incident, he received a letter of reprimand dated 7 Mar 96. 

c.  On or about 3 Apr 96, the respondent failed his dormitory room inspection.  For this 

incident, he received a record of individual counseling dated 8 Apr 96. 

d.  On or about 29 Jun 97, the respondent had a female spend the night in his dormitory room, 
in direct violation of FAFBI 32-6005. For this incident, he received a letter of reprimand dated 1 
Jul97.  An unfavorable information file was also established. 

e.  On or about 14 Oct 97, the respondent was 35 minutes late f o ~  Block Training which 

resulted in him having to be rescheduled for the class.  For this incident, he received a record of 
individual counseling dated 14 Oct 97. This information was added to his existing unfavorable 
information file. 

&fC-Global  Reach for America 

f.  On or about 17 Oct 97, the respondent dishonorably failed to pay his DPP account in the 

amount of $68.00 which was then 60 days past due.  For this incident, he received a letter of 
reprimand dated 3 1 Oct 97.  This information was added to his existing unfavorable information 
file. 

g.  On or about 2 1 Jan 98, the respondent failed his dormitory room inspection.  For this 

incident, he received a letter of reprimand dated 23 Jan 98. 

h.  Between on or about 13 Dec 97 and 29 Dec 97, the respondent made and uttered to 

Moneytree Check Cashing, certain checks in the amounts of $20.00, $20.00, and $25.00, for the 
purchase of goods and services, and did thereafter dishonorably fail to maintain sufficient funds 
in his account to cover such checks.  For these incidents, he received an Article 15 dated,26 Jan 
98.  Punishment consisted of reduction to the grade of Airman First Class, suspended forfeiture 
of $150.00 pay per month for two (2) months, and thirty (30) days extra duty. 

4.  For the Respondent: 

a.  This 23 year old airman has served on active duty for 4 years and 7 months,  He began his 
current term of enlistment on 28 Jul93.  His military record contains three performance reports 
with ratings of 4'3,  and a most recent rating of 4. 

b.  The respondent chose not to submit a statement on his behalf. 

5.  Discussion: 

a.  By  a preponderance of evidence, a basis for discharge exists for a pattern of misconduct 
consisting of conduct prejudicial to  good  order and discipline pursuant to paragraph  5.50.2 of 
If  an  airman's  service  has  been  "honest  and  faithful",  an  Under  Honorable 
AFI  36-3208. 
Conditions  (General)  discharge  characterization  is  warranted  "...when 
significant  'negative 
aspects  of  the  Airman's  conduct  or  performance  of  duty  outweigh  positive  aspects  of  the 
Airma's  military  record."  AFI  36-3208,  para  1.18.2.  92  AGS/CC  recommends an  Under 
Honorable  Conditions  (General)  discharge.  The  respondent's  military  service  should  be 
characterized by an Under Honorable Conditions (General) discharge. 

b.  The respondent has been on active duty for 4 years and 7 months.  The respondent's 
recurring failure to conform to Air Force standards indicates that he is a poor candidate for 
probation and rehabilitation. 

6.  As -the special court-martial convening authority, you may: 

a.  Retain the respondent. 

b.  Approve an Under Honorable Cdnditions (General) disckqe.  You are the discharge 

authority for this action.  You may also suspend the discharge and offer the respondent probation 
and rehabilitation under Chapter 7, AFI 36-3208, 

c,  Forward the case file to the Commander, Fifteenth Air Force if you conclude an honorable 
discharge is warranted.  The Commander, Fifteenth Air Force is the discharge authority for this 
action. 

d.  Direct reinitiation of administrative discharge processing (with board entitlement) if you 

conclude issuarice of an Under Other ~han'~onorable Conditions discharge is warranted. 

7.  Recommendation:  Approve an Under Honorable Conditions (General) discharge without 
probation and rehabilitation. 

I concur. 

r" 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 92D AIR REFUELING WING (AMC) 

PAIRCHILD AIR FORCE BASE WASHINGTON 

.  g  FED  1998 

FR27 1-68- 1275,92 AGS 

MEMORANDUM FOR 

FROM:  92 AGWCC 

SUBJECT:  Notification Memorandum 

I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  a  pattern  of 
1. 
misconduct  consisting  of  conduct  prejudicial  to  good  order  and  discipline  and  dishonorable 
failure to pay just debts in accordance with AFPD 36-32 and AFI 36-3208, paragraphs 5.50.2 and 
If  my  recommendation  is  approved,  your  service  will  be  characterized  as  Under 
5.50.4. 
Honorable Conditions (General).  I  recommend  your  service be  characterized with  an Under 
Honorable Conditions (General) discharge.  Copies  of  the  documents to  be  forwarded  to  the 
separation authority to support this recommendation are attached.  My reasons for this action are: 

a.  On or about 24 Feb 95, you missed a scheduled dental appointment.  For this incident, you 

were verbally counseled on 6 Mar 95. 

b.  On or about 4 Mar 96, you failed to have your government quarters ready for inspection 
after subsequently cancelling an earlier inspection and making another one for 4 Mar 96.  For 
this incident, you received a letter of reprimand dated 7 Mar 96. 

c,  On or about 3 Apr 96, you failed your dormitory room inspection.  For this incident, you 

received a record of individual counseling dated 8 Apr 96. 

d.  On or about 29 Jun 97, you had a female spend the night in your dormitory room, in direct 
violation of FAFBI 32-6005.  For this incident, you received a letter of reprimand dated  1 Jul97. 
An unfavorable information file was also established. 

- 

e.  On or about 14 Oct 97, you were 35 minutes late for Block Training which resulted in you 

having to be rescheduled for the class.  For this incident, you received a record of individual 
counseling dated 14 Oct 97. This information was added to your existing unfavorable 
information file. 

f.  On or about 17 Oct 97, you dishonorably failed to pay your DPP account in the amount of 

$68.00 which was then 60 days past due.  For this incident, you received a letter of reprimand 
dated 3 1 Oct 97.  This information was added to your existing unfavorable information file. 

g.  On or about 21 Jan 98, you failed your dormitory room inspection.  For this incident, you 

received a letter of reprimand dated 23 Jan 98. 

.&I-Global  Readrfor Amuko 

* ' . 4  

1 

h.  Between on or about 13 Dec 97 and 29 Dec 97, you made and uttered to Moneytree Check 
Cashing, certain checks in the amounts of $20.00, $20.00, and $25.00, for the purchase of goods 
and services, and did thereafter dishonorably fail to maintain dufficient funds in your account to 
cover such checks.  For these incidents, you received an Article 15 dated 26 Jan 98.  Punishment 
consisted of reduction to the grade of Airman First Class, suspended forfeiture of $150.00 pay 
per month for two (2) months, add thirty (30) days extra duty. 

2.  The  commander  exercising  SPCM jurisdiction  or  a ,higher authority  will  make  the  final 
decision in this matter.  If you are discharged, you will be ineligible for reenlistment in the Air 
Force. 

3.  You have the right to consult legal counsel.  Military le  a1 counsel has been obtained to assist 
Defense Counsel, at 247- 
you.  I have made an appointment for y  u to consult *Area 
291 8 for an appointment on - 9  Fm  'jg8 at 
counsel at your own expense. 

I&L)  *a . You may consult civilian 

4.  You have the right to submit statements in  your own behalf.  Any statements you want the 
separation authority to consider must reach me byd  FEB  lgg8  unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

5. '1f you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so.' 

6. You have previously been scheduled for a medical examination.  Complete all follow up 
appointments. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your unit orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

. 

Attachments: 
1.  Verbal counseling dated 6 Mar 95 
2.  LOR dated 7 Mar 96 
3.  LOC dated 8 Apr 96 
4.  LOR dated 1 Jul97 
5.  LOC dated 14 Oct 97 
6.  LOR dated 3 1 Oct 97 
7.  UIF 
8.  LOR dated 23 Jan 98 
9.  Article 15 dated 26 Jan 98